scholarly journals “Smart Regulation” Means that Influence Consumer Choice of Healthy Products

Legal Concept ◽  
2021 ◽  
pp. 24-29
Author(s):  
Marina Kozlova ◽  
Keyword(s):  
Consumer Choice ◽  
Government Regulation ◽  
Legal Regulation ◽  
Healthy Foods ◽  
High Quality ◽  
Dialectical Logic ◽  
Irrational Behavior ◽  
Smart Regulation ◽  
Protection Legislation ◽  
Safe Food

Introduction: choosing healthy foods is vital for every person. The means of legal regulation can be used to ensure healthy choices. The purpose of the study is to identify the main means of “smart regulation”, acceptable and effective in the field of relations with the participation of consumers. The paper uses the methods of description and interpretation; the theoretical methods of formal and dialectical logic. Results: taking into account the achievements of behavioral economics, it is necessary to recognize that a person is prone to irrational behavior, misjudging information, and possible risks. “Smart regulation” involves achieving the desired result in the simplest possible way, including the so-called “nudge”, which makes it easier to choose the desired behavior. Nudge tools in government regulation can be used to make choices in favor of healthy foods. The consumer protection legislation uses the methods to determine the architecture of consumer choice in favor of healthy, high-quality, safe food. The state can establish rules that require manufacturers to indicate a certain set of information on the product, and sellers – to lay out the products in such a way that the consumer’s attention is focused on healthy products. Conclusions: in relationships involving consumers, it is necessary to use “smart regulation” means to influence the choice of healthy foods. The basis for the use of such means is to bring to the attention of consumers proper and reliable information about the principles of a healthy diet, as well as about the product, its ingredients, and features. Such information can be placed in the form of product labels, which should be clear and understandable.

Assisted-living for older people in Israel: market control or government regulation?

2003 ◽  
Vol 23 (6) ◽  
pp. 779-795 ◽  
Author(s):  
ISRAEL DORON ◽  
ERNIE LIGHTMAN
Keyword(s):  
Older People ◽  
Assisted Living ◽  
Government Regulation ◽  
A Priori ◽  
Self Regulation ◽  
Legal Regulation ◽  
Rapid Expansion ◽  
Assisted Living Facilities ◽  
History Of ◽  
Legitimate Interests

In recent decades there has been a rapid expansion of assisted-living facilities for older people in many different countries. Much of this growth has occurred with only limited or no government regulation, but many problems have arisen, typically around the quality of care, which have led to demands that governments act to protect vulnerable residents. This paper examines whether formal legal regulation is the optimal policy to protect the needs and rights of frail residents, while respecting the legitimate interests of others, such as operators and owners. It presents the case for and against direct legal regulation (as in institutions), and suggests that no overall a priori assessment is possible. The analysis is based on the case of Israel, where proposed regulations for assisted-living have been introduced but not implemented. After a brief history of assisted-living in Israel – its recent dramatic growth and why this occurred – the paper concludes that formal direct regulation is not the best route to follow, but that the better course would be to develop totally new ‘combined’ regulatory legislation. This would define the rights of residents and encourage self-regulation alongside minimal and measured mechanisms of deterrence. Such an approach could promote the continued development of the assisted-living industry in Israel and elsewhere, while guaranteeing that the rights, needs and dignity of older residents are protected.

REFORM OF LEGAL REGULATION OF REMOTE WORK AS A STIMULATION FOR ENTREPRENEURSHIP DEVELOPMENT IN RUSSIA

2020 ◽  
pp. 136-143
Author(s):  
Maria A. Andrianova ◽  
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Remote Work ◽  
High Quality ◽  
Quality Work ◽  
Entrepreneurship Development ◽  
Short Period ◽  
The World ◽  
Work Done ◽  
Usual Order

The pandemic has created many difficulties for entrepreneurs around the world, including in Russia. As you know, difficulties, disrupting the usual order, can give impetus for radical changes that would not have a chance to be realized in times of peace and prosperity. It seems that remote mode is not suitable for all forms of employment, but if initially the employer assumes such an opportunity, the main problem is not the lack of the ability to control the employee, but ensuring effective communication with him and the ability to timely obtain the results of high-quality work done. It is noted that this goal can be achieved with the help of greater detail in local regulations of the order and conditions of interaction between the employee and the employer. One of the most promising consequences of the pandemic has been the reform of the legal regulation of remote work. In a very short period of time, remote work in Russia from an unviable rudiment has become one of the most progressive institutions, which has every chance of making all labor law more flexible and effective. Such labor law will undoubtedly become one of the incentives for the development of entrepreneurship in Russia.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES

2020 ◽  
Vol 1 (9) ◽  
pp. 33-37
Author(s):  
Oleksii Kucherenko ◽  
Keyword(s):  
Government Regulation ◽  
Self Regulation ◽  
Legal Regulation ◽  
Relevant Market ◽  
Eu Member States ◽  
Doing Business ◽  
Foreign Countries ◽  
The Usa ◽  
Key Terms ◽  
Local Levels

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).

scholarly journals Assessment of Fishery Products Consumption Behavior: the Case of Turkey

2017 ◽  
Vol 17 (1) ◽  
pp. 101 ◽  
Author(s):  
İbrahim Yilmaz ◽  
Serpil Yilmaz ◽  
M. Tunca Olguner
Keyword(s):  
Essential Amino Acids ◽  
Omega 3 ◽  
High Quality ◽  
Consumption Behavior ◽  
Fish Meat ◽  
Fisheries Policy ◽  
History Of ◽  
Fishery Products ◽  
Safe Food ◽  
Fisheries Law

From the early history of humanity until today, fish and other fishery products have always been involved in human diet. The intake of a sufficient number of proteins has been enabled through high-quality fish meat containing a significant quantity of essential amino acids as well as omega-3 fatty acids. According to the studies, 150 grams of fish, meets the needs of a 50-60% of daily protein intake for an adult. A large part of fishery production in Turkey (86%), is consumed fresh. Turkey, within the scope of Common Fisheries Policy is trying to harmonize fisheries with the EU. A failure to update the 1380 coded Fisheries Law and rapid issuing of EU compatible regulations, safe food for consumers, high quality products along the year for processing industry and marketers, as well as the inability to ensure sustainable price development for the producers, prevent the success of the sector. The aim of this study was to determine the consumption behavior when taking fishery products in terms of food safety, reliability, product quality as well as the level of income and education.

scholarly journals Some aspects of the forensic assessment of the reliability of the testimony of minor victims

2021 ◽  
pp. 69-71
Author(s):  
Ruslan Zaynullin
Keyword(s):  
Legal Regulation ◽  
Forensic Assessment ◽  
Empirical Methods ◽  
Problem Statement ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
High Level ◽  
A Minor

Problem statement: in the course of analyzing the legal regulation and practice of the participation of minor victims in verbal investigative actions, the author in this article identifies the problem of assessing the reliability of the testimony of minor victims. Objective: to develop general forensic recommendations for criminalistically ensuring the participation of a minor victim in verbal investigative actions, designed to ensure a high level of reliability of their testimony. Methods: empirical methods of comparison, description, theoretical methods of formal and dialectical logic. Results/brief conclusions: gaps in the legal regulation of the participation of a minor victim in verbal investigative actions are identified, and forensic recommendations are formulated to ensure that reliable testimony of minor victims is obtained.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FILM INDUSTRY IN UKRAINE AND ITS PROBLEMS

2019 ◽  
pp. 101-106
Author(s):  
K.R. Koroshchenko
Keyword(s):  
Spiritual Development ◽  
Significant Contribution ◽  
Film Industry ◽  
Legal Regulation ◽  
The State ◽  
Legal Assistance ◽  
High Quality ◽  
Quality Product ◽  
The Future ◽  
Global Perception

The article is devoted to the topic of cinema development in Ukraine and the role of state aid in the development of the film industry. Much effort is required to develop cinematography, mainly from the state in the form of material and legal assistance. In order for the film industry to start productive activities, it is beneficial for the Ukrainians who have something to look at, as well as for the state, which will have an income to the state budget. The film industry is an important component of the cultural sphere. Cinema helps the individual to escape from problems, to plunge into another reality. In the 21st century, cinema is not a way to have fun, but a source for the beginning of thinking, analysis, and cognition. The movie industry is a powerful lever for the country’s development. Much effort is required to develop cinematography, mainly from the state in the form of material and legal assistance. To date, the cinema industry in Ukraine needs to solve the existing problems. The main problem is concentrated in the structures that receive state financial aid and misuse it. It is impossible to say that the developed film industry is the lion’s share of the country’s budget. To produce high-quality tapes is beneficial not only for the economy but also for the global perception of Ukraine as a state that is able to move forward in all areas. The development of the film industry is a significant contribution to the spiritual development of the nation, as well as the opportunity for the future international recognition and perception of domestic cinema as another quality product from Ukraine. It is impossible to say that the developed film industry is the lion’s share of the country’s budget. To produce high-quality tapes is beneficial not only for the economy but also for the global perception of Ukraine is a state that is able to move forward in all areas. The development of the film industry is a significant contribution to the spiritual development of the nation, as well as the opportunity for the future international recognition and perception of domestic cinema as another quality product from Ukraine. Keywords: cinematography, film industry, administrative regulation, legal regulation, cinema product, financing.

Judicial Conciliation in the Protection of Consumer Rights during the Reform of the Procedural Legislation of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 34-41
Author(s):  
A.N. Levushkin ◽  
◽  
V. V. Vorobyov ◽  
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Empirical Methods ◽  
Problem Statement ◽  
Judicial Process ◽  
Dialectical Logic ◽  
Research Activities ◽  
Consumer Rights ◽  
The Russian Federation

Problem statement. The introduction of judicial conciliation procedures in the arbitration, civil and administrative process in order to protect the rights of consumers of services can serve as a positive impetus to the development of civilized out-of-court dispute resolution. However, the corresponding norms of APC RF, CPC RF, the CAJ RF and the Regulation of judicial reconciliation includes a number of provisions that are subject to critical analysis. Special attention should be paid to the rules that establish requirements for candidates for judicial conciliators, in terms of the need for retired judges to conduct research activities, which can hardly be considered justified. Purpose and objectives of the study. To identify the essential features of the application of judicial reconciliation in the protection of the rights of consumers of services during the reform of the procedural legislation of the Russian Federation. Objectives of the study: to perform judicial reconciliation in the protection of the rights of consumers of services to identify deficiencies of legal regulation in the field of judicial reconciliation under the protection of the rights of consumers, to formulate separate proposals for reform of the law. Method of research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and historical-legal and comparative-legal methods. Results, brief conclusions. It is determined that the current Russian legislation in relation to the judicial process now provides for three types of conciliation procedures used to protect the rights of consumers of services: negotiations, mediation and judicial reconciliation. Mediation and judicial reconciliation, although separated by law, are not fundamentally different in nature. Although there are different requirements for mediators in these types of reconciliation, the appropriateness of such a separation is not sufficiently convincing. It is established that the requirements imposed on conciliators in combination with the powers vested in them can negatively affect the results of reconciliation to protect the rights of consumers of services. In this regard, it is proposed to amend the relevant procedural codes and the Rules of judicial reconciliation, which would eliminate the identified contradictions and shortcomings.

scholarly journals Nudge in The Conditions of Digital Transformation: Behavioral Basis

2021 ◽  
Vol 13 (3) ◽  
pp. 102-116
Author(s):  
Alexandr V. Shmakov ◽  
◽  
Keyword(s):  
Decision Making ◽  
Social Relations ◽  
Government Regulation ◽  
Cognitive Distortions ◽  
Positive Impact ◽  
Digital Transformation ◽  
Living Standards ◽  
Negative Consequences ◽  
Irrational Behavior ◽  
Decision Making Processes

Digital transformation in most cases has a positive impact on the economy. However, there is a possibility of negative consequences that worsen the standard of life of the population. Society wants to avoid a decline in living standards. The state policy to minimize the risks of digitalization should be developed for these purposes. Digital transformation leads to the complication of the technological environment, to the deformation of social relations, to a change in decision-making processes. The complexity of the technogenic environment leads to increased cognitive distortions and irrational behavior. Living standards are declining as a result. Classical approaches to government regulation often do not take into account psychophysiological and sociocultural behavioral factors. As a result, the regulation does not have the expected effect. This is especially evident in situations of uncertainty and longtime intervals. Behavioral economics and nudge can help solve these problems. This article provides a systematization and description of the factors that determine behavior. Decision-making processes are characterized. A systematization and explanation of cognitive distortions is proposed. An overview of approaches to the use of nudges to prevent cognitive distortions is proposed. Cases of using nudges to reduce the risks of digitalization are presented.

scholarly journals Experimental legal regimes of mobilization type as a method of legal regulation in the context of COVID-19 spread

2022 ◽  
Vol 5 (4) ◽  
pp. 30-42
Author(s):  
V. O. Makarov
Keyword(s):  
Technological Development ◽  
Evaluation Criteria ◽  
Legal Regulation ◽  
Complex Object ◽  
Legal Regime ◽  
Global Epidemic ◽  
Legal Regimes ◽  
Smart Regulation ◽  
Legitimate Interests ◽  
New Interpretation

Experimental legal regime; COVID19; legal regime; legal experiment; “regulatory sandboxes”; legal technique; classification of legal experiments; legality; experimental legal regimes of mobilization type on legal forecasting and legal interpretation methods. The theoretical basis of the research includes well-known legal science categories, i.e. legal regime and legal experiment that get a new interpretation with the appearance of experimental legal regime institute. The main results of the research, scope of application. Experimental legal regime is a broader legal phenomenon than regulatory sandboxes, which includes not only regulation of the digital innovation sphere, but also other rules that are limited in time and space. There are legal regimes with signs of experimentation that are not officially identified by the state as experimental legal regimes. The work studied the experience which arose due to  modern  changes  in  state  and  legal  regulation  caused  by  the  global  epidemic  of COVID-19. It is suggested to divide the legal experiments according to the purpose of experimental legislation into the following groups: optimizing, progressive and mobilization ones. The aim of the first group named “Optimizing legal experiments” is to test using of new regulation applied to a large and complex object. The second group named “Progressive legal experiments” is intended to check whether the abandonment of old laws is beneficial in the innovation field. The result is creation of a smart regulation for economic and technological development. The third group named “Mobilization legal experiments” is aimed at maintaining of the existing level of resources, security, and infrastructure in the event of critical situations. It is being proved that the legal restrictions aimed at preventing of COVID-19 viral infection spreading can be classified as experimental legal regimes of mobilization type. The criterion for distinguishing of mobilization experimental legal regimes from others is the voluntary participation in the legal experiment and the goal of the experimental legal regime.Conclusions. The development of mobilization experimental legal regimes implies raising of their legality. It can be achieved by the provision of legal guarantees such as the goals of the legal experiment and the evaluation of their consequences. This will allow identify whether the consequences of the experiment correspond to the goals of the new legal regulation. There must be grounds for limitations to legal certainty caused by legal experimentation. Their manifestation is the goal and evaluation criteria, with the help of which it is possible to determine whether the consequences of the establishment of the experiment correspond to the goals of the new legal regulation. Otherwise, there is a risk of unjustified infringement of the rights and legitimate interests of citizens.

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